mid-90s now there is a photo showing weather on bay warm i'll land. this is what appears to be stalks of wheat. >> it's hot at ocean beach. this is a picture submitted by robin s shows off weather here in san francisco. and right now in san joaquin valley 20 people are being treated after being hurt after a large truck slammed into an amtrak train. impact pushed one trains four cars off the tracks and this is in a railroad crossing. the train carrying 169 passengers and amtrak plans to use buses to shuttle those

passenger autos and a search is on for two fisherman whose boat cap sized. >> happening now there are family members walking rugged beaches looking for signs of their loved ones. they searched the rocky coast where a fishing boat was hit by a wave and crashed on to the rock yesterday morning. there is another man still missing. and two men were wearing life jackets and told authorities they were not. coast guard has been searching ever since, calling it still a search not a recovery mission. family and friends have been mounting efforts hoping for any sign of the two men. >> maybe they were tired and couldn't preach the -- reach the shore, we were doing everything we can. and there is you know, big groups of people there are

searches continuing this evening. >> there are authorities that believe a shooting was not random. and there is two of them have been release frtd hospital. and investigators believe this shooting happened in belmont more than a mile from the site. they're not sure in this was road rage or stemming from another dispute. >> and there is a investigation for a fire that started on tulomne street. the mayor asked if he believes this was connected to a recent officer involved shooting. >> i believe that the last criminal act is part of an attempt to intimidate me, let

me make it very, very clear. this has failed. i am not now and nor will be intimidated by cowardly acts of vandalism. >> the fbi have joined this investigation and they're not sure who is kind the fire. >> and a fire at the port of oakland this mosh morning, the fire had destroyed the truck's cab and caused a huge traffic headache at the port. things slowed down much of the morning. investigators not sure at this point how the fire started. >> firefighters are investigating the cause of a brush fire just north of vacaville. there is sky 7 were at the blaze. and there is cal fire bringing

in a helicopter to help. >> a huge surprise in an east bay courtroom. >> a lawyer for a woman accused of murdering a nursing student admitted the killing but not the crime. >> happening now in oakland, the first day of the murder trial of gisele esteban the woman accused of killing michelle li. the prosecutors show li's car found on the ground of the kaiser parking lot. he told jurorsest ban' ban's -- esteban had li's cell phone. her attorneys say it will show her client killed li after quote extraordinary provocation in the heat of passion. the trial is expected to last about a month. in oakland abc 7 news. >> the sheriff is investigating the death of a

middle schoolteacher that was arrested last week on suspicion of performing a lewd act on a person under 14. he was on leave from the school. the school district informed teachers, parents and students he was found dead today. >> there is an 83-year-old woman arrested in berkeley for dui after she hit a person walking across the street this, happened about 8:30 sunday night and this fire slammed into the person walking. she was arrested and that pedestrian was taken to the hospital with critical injuries. >> a woman accused of ditching her daughter during a shoplifting incident is being arrested in nevada. that hearing is set for tomorrow. she was arrested friday night in a nevada hotel room. authorities had been looking for keelan for nine days. police say she left her 10-year-old daughter behind after a failed shoplifting

attempt. >> investigate glorz the south south bay believe a man may be responsible for two bank robberies, suspected of robbing u.s. bank in sunnyvale. they say he showed a semi automatic handgun and demanded money. >> there are shopper having to pay extra at retail stores if they don't have their own shopping ban. san francisco prohibits plastic bags. they must now charge 10 cents for each one. >> most customers do bring bags here, they do forget. this will help them to remember to bring them more often. >> there are restaurants exempt for now, that changes in a year, next october. the ban expands again to cover all san francisco businesses. >> bikes on bart.

there is a recent survey on allowing bicycles on rush hour, they will reveal the results of a recent pilot project to allow bikes on trains and so far, it seems commuters are split about the idea. >> cal train congestion ease aid bit after trains were put into office. >> two are brand new. cal train is rearranginging it's schedule to give greater flexibility and adding a stop for 12 limited service trains. this is in response to an increase in ridership. >> there is a boy for marisa myer and her husband he posted it on his twitter account saying his wife gave birth last night. the child's name has not been revealed yet. the 37-year-old took the helm of yahoo in july after leaving google in mountain view. the new mom plans to work from

home for a period and possibly return in a week or two. >> one of the biggest names in social media is in moscow, mark zuckerberg met with russia's prime minister to discuss innovation in that country. and there is a one of the few countries where facebook is not the top social network. >> just north of the golden gate bridge cruise placing a naval cannon in the headlands. >> it was in use on the battleship missouri during world war ii. sky 7 was at the scene as workers loaded the cannon this morning. and this will be on displays in the hills. >> and still ahead latest problem with iphone 5 and how it could lead to bigger bills and what apple is going to do about it. >> dairy farmers have a

warning, why we can be paying more for milk. >> michael finney taking questions on twitter and facebook. and there is where you can contact michael at facebook.com. as well as on twitter. >> taking a look at our first commute of october... san francisco skyway looking nice for drivers on the right side of the screen there making their way south. and folks trying to get across the bay bridge to the east bay it's very slow going.

a defect in nearly 600,000

honda accords could cause those cars to catch fire. honda recalled the accords from years 2003 to 2007 and says a hose could leak fluid and burst into flames. one person has been injured because of the defect. honda will replace them for free, however, dealerships won't have replacement hoses available until next year. >> hp tipping it's toe into the crowded tab blet pool. >> and there are blogs abuzz with rumors of a popular apple product. >> there is a fee form and it's old versus new when it comes to cloud today. huge market is growing. there is where companies are busy increasing competition from rt start ups. one is workday moving closer

to an ipo today saying in a revised filing it hopes to raise as much as $546 million. and the companies have are the to gain as we know by achieving cloud success. according to research group ibc the software revenue grew 31% last year to 23 whopping billion dollars and will continue to grow at an annual pace of 21%. and there is bloomberg news learned there is clover tablets have not been approved by microsoft. those could hold up some of the tablets using microsoft windows 8. and intel's ceo says windows 8 is being released with out being fully ready. there is a new player entering the tablet market. this one is different because it helps to reach the business person.

hewlett-packard announced plans to release a tablet tailored to business customers and known as elite pad 900 that will run on windows 8 and will be available we are hearing in january in the united states. and there is a milestone for google becoming the second largest tech company behind apple. shares grew 1% today as the stock reached to $50 billion. there is not too bad for two students who started this from stanford university. and just keeping it real. speaking of apple let rumors begin. the blogs are all abuzz today with word apple will officially launch that mini ipad. this month, reports say the event will take place october 17th with invitations next week. i hope i get one. no official word yet from

apple. turning to stocks an earlly rally faded a bit on a retreat led by apple. your bloomberg silicon valley index closing down. apple is a factor in that as well as a decline from cisco and from yahoo. and also there is simon could you well teeming up with will-i-am to develop a tv show being described as x factor from tech. he says the idea to give young people a chance tochl press them selfs and the interest is apparently there. there are at your bloomberg studios in san francisco, that is your bloomberg west update. back to you. >> thank you. >> specking of apple, iphone 5 users dealing with another problem. a flaw using up large amounts

of data. and apple confirms there was a bug with some verizon users using up massive amounts of data on wifi networks, apple issued a update and is promising to address billing issues caused by this problem. there is a tim cook had to apologize for the maps application which some users say just don't work well. >> ikea helping americans go greener, selling only l.e.d.lighting in north american stores two years ago said it had plans to stop selling the light bulbs and today announced it will only offer l.e.d.lights by the year 2016. and there is a spokesperson saying the goal to cut carbon emissions world wide. >> agriculture officials warning milk price koz double if the farm bill isn't

renewed. the national milk producers services says government purchases could cause them to rise above $6 a gallon. it provides farm policy for america, right now it's stalled in the house of representatives. california is the largest largest dairy state. >> back to weather there is a is a nrl now. there is a live view from our sutro camera. as you can see this is clear there. lovely day. there is is a look at live doppler 7 hd. sunny skies and right now there are readings 100 degrees in santa rosa and los gatos,

87 here in san francisco down from 90 degrees just a few minutes ago here there is a look at the highlights. warm to hot again tomorrow, cooler the rest of the week and the water vapor shows an upper level low pulling away from us that is a ridge of high pressure dominating one more day, at least. let's take a look at the forecast starting at 5:00 in the morning there is so far on the coast are anywhere inland so will be clear all day tomorrow, and will be warm once again with highs into 70s on the coast and 80s to 90s around the bay it will feel like 100. and overnight tomorrow night,

little patches of fog developing so sea breeze will begin to cool us down and we'll feel cooler conditions thursday but will be less hot wednesday. overnight tonight going to be quite mild. low temperatures into upper 50s to mid-60s so very mild period of weather and there is south bay, sunny skies, and 95 in san jose. upper 80s to mid-90s and low to mid-90s on the coast. there is 75 in the sunset district. and looks like clicker is stuck. okay. mid-90s up to 100 and advancing to the seven-day forecast we'll move through panels quickly. up to is00 tomorrow into warmest spots again. there is low 90s ash the bay and there is mid-70s on the coast. thursday, friday, sunday,

we'll see highs into upper 0s and low 70s. there is a huge cool down. what would you do with $49,000? find out we're giving away $49,000 in all of our facebook friends are eligible whether a new fan or with us from the beginning to enter to win $49,000 just go to facebook.com/abc 7 news and click this win $49,000 button that will take you to the page where you can fill out at the entry form. and that is $49,000. >> i'm using it for air conditioning. >> yes. >> and good idea. >> and two guns once belonging to bonnie and clyde went for anything but a steal. >> and a-litters recount to fans, in los angeles coming up, the important questions coming from leonardo dicaprio and his friends.

>> and taking a look at the bay bridge toll plaza now, very smooth sailing for drivers making their way across the bridge towards san francisco and beyond. stay with us. abc 7 news

a couple celebrities are getting political with fan

autos and today as big announcement, the oscar host. here is rachel smith with details. >> the 85th academy awards now has a face. show producers announced seth mcfarl ynd will be the next host. recently giving voice to the inappropriate teddy bear in the blockbuster ted and says this big is -- gig is an overwhelming privilege and wrote my thoughts were one, i will do my utmost to live up to high standards and two, i hope they didn't find out i hosted the charlie sheen roast. now to adele, the new voice behind 007. she co-wrote and performed the theme song and there is what is important to you in the ledge? >> -- election?

>> for leonardo dicaprio, celebrities are all over this public service announcement urging voters to use social media to express important issues in the upcoming election. and for more news p pictures go to otrc.com. >> so maybe crime does pay. the guns owned by bonnie and clyde sold over the weekend for more than half a million dollars. and this brought $2264,000. and the guns were a.warded to police officer that's ambushed and killed them in 1934. >> just ahead challenges as both candidates prepare for their first debate. >> there is rumors revenge and

a murder plot. phone conver sayings say prove a social studies teach

the heat is on you're looking at ocean beach, temperatures climbed into the 80s, some cities including santa rosa are seeing triple digit temperatures now there is the hottest day of the year in san francisco so far. and we're live in oakland there is also a lot like summer out there. >> this is hotter, now, the east bay had highest temperatures in antioch and livermore as expected were hottest places. i know because we're there this morning and this afternoon. and there is today, october 1. fall should be inching here but instead, everywhere you went looks and felt very much like a hot summer day. that is the lake in oakland that had a fair amount of people at the beach cooling off today. it was hot in mid-80s but not as hot as it was in walnut creek. we found people dressed for

weather and enjoying picnics during lunch hour, antioch very hot z we had no trouble finding people deciding to launch boats one more time or enjoy water sports on the delta. this is where people wanted to be outside, enjoying heat. >> it's way better than typical october 1. >> we're enjoying it. we're going to do something outdoors today. we're going to enjoy the weather. >> there is hot temperatures means fire danger. the weather service says there is high fire danger today through tuesday and as i was reminded of course there is some bad fires. we know oakland hills started on october 20th. >> thank you. >> and for more on the heat

spencer christian is back. >> there is going to bust us tomorrow, several locations today topped out at triple digits. and there is tomorrow, 100 degrees and here in the bay area will be another hot one, warm conditions on the coast. highs into mid-70s and there are 80s to low 90s around the bay. upper 90s to 100 tomorrow there is heat continuing and monterey bay, 94 in watsonville. 100 inland in gilroy. there is america's cup races getting underway this week and tomorrow beginning at 4:00 p.m. and there is sunny skies winds out of the west and this is going to be mild, temperatures 74 degrees or so and there is

another day over bay waters and going to be a sweltering hot day inland there are temperatures dropping off shortly. and there is a developing story we brought you earlier is that 20 people hurt from an amtrak derailment in a crossing when a truck ran into this train and there is more now from the scene. >> witnesses headed south, described it as an explosion. >> there is a loud boom and ground to a halt. people were screaming. this is what happened. >> there are officers aren't sure why it slammed into a passenger train.

150 people were on board. >> in this initial reports say arms weren't down. you know we'll do an investigation to determine that one way or another. >> there is raimy said he rushed over to help passengers on the train. >> there is a lady with a broken arm there is a 4-month-old baby covered in what was in the back of the truck. >> investigators say it took the train about two football fields. and several cars overturned. >> i can feel the train breaking -- braking hard. i knew we're going to hit something. we hit something. the girl across from me flew into my lap. and started looking around. >> all of a sudden i was just covered in dirt and

insulation. my instinct was to get out of there. >> chp officials say 30-50 people were hurt. and the rest of the passengers continued with their trip but will be delayed several hours and the tracks will be out of commission until 7:00 tonight. there is a 35 days from tomorrow, mill yichbz americans will cast votes for president of the united states. republican mitt romney behind democrat barack obama in polls first debate in two days and there is a report could change for better or worse. >> this campaign going on nearly two years and it's debate season for the nominees. the time when americans seem to start paying attention. president obama reversing with senator john carey.

and both have challenges and check lists. there is president obama working on shorter answers. democrats say he needs to look strong and forceful not appearing irritated or -- impatient. >> they're trying to get him into the mode of being able to answer questions so it's more of his mannerisms and style z way it comes across. >> and mitt romney has to seem relatable after his comments and how can you do that? and connect with voters? >> there are all three of the things he suffered so on those three c's he's got do well. >> there is romney heading to colorado to continue prep. last night he tried to lower expectations a bit. >> there governor romney is a

good debateor, i'm just okay. >> americans found 56% expect the president to win the debate. >> and lowered expectations could be good for romney. his campaign can leave denver with some momentum. >> and you can see first debates here on abc 7. there is a white house official confirms someone tries to hack into its computer system but says it was not successful. officials said an unclassified network was targeted there is no evidence data was removed. there is no confirmed details and a report says hackers working for chinese government were able to access a network last month. >> there is a 72-year-old man

thankful for good neighbors today, take a look. his apartment caught fire left him hanging from a third floor window. there is the crowd below ready for him. >> this is where i can hold on. >> and this is good. >> and the man covered just a bruised he'll in this fall. >> there is a great job in there. >> a teacher is accused of trying to take out a hit on a fellow teacher, police say they recorded him in the act and tapes have just been released. >> there is an 11 minute conversation caught on tape. long time high schoolteacher

allegedly patching a bizarre plot against fellow teacher. >> and most people will go there? >> yes. i mean there is a deal. just talk to the guy. why don't you just talk to him? why do you want him killed?. >> do whatever you want. >> and prosecutors recorded it saturday. the teacher was talking to a friend who began working with authorities after pepe allegedly offered to pay 2000ses today have meredith killed. >> you wanted to pay me to kill him. i was uncomfortable because i got kids. and pepe arrested and charged with solicitation to commit murder after an fbi agent posed as a hit man. police say the motive was revenge that he was upset because he thought meredith was spreading rumors about him he would find people to be

conspiring against him. woe have the feeling people are out to get him. >> there is a apparent history after gregs towards co-workers. there is a a letter saying quote, several professionals describe your demeanor as hostile, volatile and anger as alarming. and this judge denied bail and this morning he sits in jail awaiting trial. >> and coming face-to-face with a bear can be terrifying but not for one woman determined to protect her property. next. and today's q and a is just ahead. you can contact me on

facebook.com and on twitter. m mini and i'll answer questions here live a little later. >> from east bay hills camera no fog at the coast and no cooling sea breeze, more hot weather coming our way. stay tuned. >> with the traffic report we're looking at approach to the golden gate bridge and just a moment ago, a minute ago, this is all bottled up heading into the city. and the oncoming headlights and it's apparently cleared and traffic is free flowing in both directions looking good at this hour heading to marin county as well. stay with us. back in a mo

a woman who lost her ear to cancer has a new one. if you're sensitive you might want to pass on the pictures. doctors used her own rib cartilage to shape the left ear then implanted this in her forearm, stretched it over the cartilage which acted as a scaffold, doctors then atch tached it and she hears perfectly now. >> and parents of teenagers are going to love hearing this one. sleepy teens who won't get out of bed have science on their side showing mela tonin affects teenagers later at night and because they need

nine hours of sleep teens have a tougher time getting up in the morning. schools across the nation experimenting with starting school later in the mornings based on these findings. >> and there is a brave woman with no problem telling a black bear who is really in charge. take a look. >> this unwelcome visitor left after the lady comes out and shows him who is boss. she just shouted at the bear who scurried away this, is not the first time he had to deal with a bear on the deck. so she's not worried. and the user who posted this video... take a look. >> wow. >> and the user posted this video has a series on bear

encounters. >> and there is a huge week ahead in the bay area including fleet week. >> and first, jail breaking an iphone illegal? we'll take a look and charges on a pg&e bill. >> and there is a masked man forces police to evacuate part of downtown san mateo. the man explains how it was just a misunderstanding. >> a killer virus researchers looking at as a cure for the

30 years ago today when the music industry entered the digital age. and for the record it was the album made by billy joel 52 street. the technology replaced vinyl and tape kasits in stores and michael finney has still got an 8 track in his car. since then there is another digital revolution, record stores are now all but obsolete and everything is almost digital. >> michael finney is here now to answer questions that you sent him. and one comes to us from arden l asking is jail breaking an

iphone legal? >> this is legal, it's a -- apple has their owns phones built in in such a way you can't put other apps on it unless going an i tune store and there is jail break. apple had said that it was against copy right law, you couldn't change it, however, courts ruled that is not the case and so this is legal to open it up. however, the warranty is no good once you jail break the phone. >> so this is a little bit risky. >> and who you ask to jail break it not just some guy. >> that is what i here. >> clarence writes in there is

a marin clean energy charge. >> you're opted in there is a renewable energy going on and there are guys delivering power to the house and you can go back and do it now. had you been watching 7 on your side, we explained this. >> this is from april asking what happens p when a moving company steals items to you? i reported them to bbb, attorney general and posted bad reviews what further action can you take? >> you're about done. i've got to tell you it's wild west out there. the federal government say they will investigate this,

got deregulated under carter. best thing you can do is use a major brand when moving state to state. within the state you have someone to complain to. and and thank you, michael. >> plenty to do this weekend. baseball playoffs hardly strictly blues grass and fleet week. >> that is share shows and ship tours. >> there is a look head at world news. >> there is first presidential debate z we wondered how are they preparing for this knockout punch? there is secrets from behind the scenes and many families i know including in the bay area are following the recall of a

lot of peanut butter brands. and there is &ññ!ñx

>> it's only monday but never too early to be planning for the weekend. >> we like to think ahead. this weekend includes america's cup, hardly strictly blue grass festival and a 49ers game and there is a's that can clinch tonight there is fleet week as healwell. >> that means sonic boom will be rocking the bay area. there is mark matthews live now. >> there is a preview. mark? >> there is going to be a big crowd out here, it's going to be fleet week. the world series these are

small boats that 45 footer on the bay and there is more. >> start off with a big party which is in town, 50,000 people for that. wednesday night they'll head to treasure island n 2009 it was carrow smith this year it's pearl jam and kings of leon. on the water boats will be racing against teams from sweden and france can z.china. and then, blue angels come to town. while that is happening... hardly districtly blue grass will have dozens of acts playing free. and throw in the fair, 49ers home game it's a busy weekend. >> there is so much happening in the fair coming up. oracle. you know? races going on. >> the manager says the whole city is sold out and have not

yet mentioned giants that will be in town. >> this is the beginning of great number of events in our city. >> the mayor kicked off fleet week and outside of the pub he says he's never seen the like. >> this is at it's best f you'd like a list of the things mentioned you can find it by going to abc 7 news.com click on the see it on tv link and there are tips on how to get around in san francisco. on this very busy week. >> thank you. >> he looks great. >> there is going to be a lot

of traffic jams and there are resources to help you get around the city. >> that does it for he this edition. >> and and the a defense attorney explains why his student killed a nursing student michelle li. >> and a man carrying a grenade creates a major scare. >> there is is heat extending to the ko. high temperatures so far coming up. >> good evening, i'm cheryl jennings. >> was it a crime of passion or murder? >> that is what he has to

decide gisele esteban is accused of stalking and killing nursing student michelle li last year. >> there is a lot about cell phone technology since today, and especially damage together defendant. prosecutors said she have a surveillance video of her in an apple store holding michelle li's cell phone just days after li disappeared. in opening statements her attorney told a jury her client killed michelle li but it wasn't first or second degree murder. the attorney said, quote, when michelle died gisele did not act out of premeditation but provocation and heat of passion. and saying the killing of li came only after years of esteban believi